2. ensure that the collection of video display devices is conducted without charge;

Transcription

1 Senate Counsel, Jsearch, and Fiscal Analysis G-17 STATE CAPITOL enate 75 REV. DR. MARTIN LUTHER KING, JR. BLVD. State of Minnesota ST. PAUL, MN (651) FAX: (651) Jo ANNE ZOFF SELLNER DIRECTOR S. No. 1298, Delete-Everything Amendment - Waste Electronics Recycling Author: Senator Linda Higgins Prepared by: Greg Knopff, Legislative Analyst ~ phone: fax: gregory.knopff@senate.leg.state.mn.us Date: March 20, 2005 Section 1 [Recovery and Recycling of Waste Electronic Products] establishes a manufacturers responsibility for recovery and recycling of waste electronic products. Subdivision 1. [Definitions] provides definitions of "board," "cathode-ray tube," "full truckload," "Hennepin County Study," "household," "intermediate consolidation point," "manufacturer," "manufacturer brands," "manufacturers' abandoned waste," "orphan waste," "pro rata share," "sell, sale, or sold," and "video display device." Subdivision 2. [Manufacturer Responsibility] provides that beginning March 1, 2006, all manufacturers must: 1. collect their pro rata share of video display devices (cathode-ray tube or flat panel device with a screen over eight inches), including their share of orphan waste, and manufacturer abandoned waste; 2. ensure that the collection of video display devices is conducted without charge; 3. ensure that the video display devices are reused, refurbished, or recycled; and 4. inform purchasers of video display devices of opportunities for reuse, refurbishment, or recycling.

2 This subdivision allows manufacturers to comply with the requirements through their own program or through a representative organization of manufacturers. Subdivision 3. [Manufacturer Registration and Retailer Certification] provides that beginning January 1, 2006, and annually thereafter, a manufacturer may not sell video display devices in Minnesota unless the manufacturer: 1. permanently labels the video display device with the manufacturer's brand; 2. annually registers with the director; and 3. certifies that it is in compliance with the manufacturer's responsibilities under subdivision 2. Retailers who sell video display devices must certify, by February 1, 2006, and annually thereafter, that they have reviewed the Office of Environmental Assistance (OEA) Web site and determined that the manufacturer's brand is registered. The director of the OEA may revoke a manufacturer's registration, if the manufacturer is not in compliance with this section, and may charge a registration fee to cover the O~A's administration costs. By January 1, 2007, the OEA shall publish on its Web site the results of the brand sort authorized by the Electronics Recycling Joint Powers Board created in subdivision 7. Subdivision 4. [Manufacturer Reporting] requires reporting by manufacturers to the OEA beginning February 1, 2007, on video display devices from Minnesota households: 1. the number and pounds of video display devices collected during the preceding year, including the number and pounds reused, refurbished, and recycled; and 2. a general description of the processes and methods used to reuse, refurbish, and recycle the video display devices. A manufacturer who fulfills its responsibilities through a representative organization may satisfy this requirement through the organization. Subdivision 5. [Performance Standards] specifies the goal of the state to ensure that all video display devices discarded by households are collected, and reused, refurbished, or recycled. This subdivision also establishes annual video display device collection goals. They are: 1. by December 31, 2006,.0375 video display devices per resident; 2. by December 31, 2007,.055 video display devices per resident; and"' 3. by December 31, 2008,.060 video display devices per resident. 2

3 Subdivision 6. [OEA Duties] establishes the following duties of the OEA: 1. by November 1, 2005, establish procedures for registering and maintaining registrations on the OEA Web site; 2. by February 15, 2007, and each year thereafter, assess the progress in meeting the performance standards; and 3. by December 1, 2007, and every other year thereafter, report to the Legislature on the progress in meeting the performance standards. ~ The report on December 1, 2007, shall include an assessment of the ratio of discarded cathode-ray tubes to other discarded video display devices and a recommendation for minimum standards for 2009 and This subdivision also grants expedited rulemaking authority for the director of the OEA to adopt rules to establish methodologies to be used to fairly distribute and document manufacturers' duties under this section. Subdivision 7. [Electronic Recycling Joint Powers Boar<j] provides for the establishment of an Electronics Recycling Joint Powers Board, under the Joint Powers Act, for the purpose of coordinating and administrating the requirements of thts section. The Board shall include one county commissioner from each congressional di'strict selected by the Governor. The Board shall have the powers of counties and is given the following duties: 1. by September 15, 2005, seek at least 15 applications for establishing intermediate collection points, including at least 10 from outside the metropolitan area; 2. by November 15, 2005, establish a list of intermediate collection points and make the list available to manufacturers; 3. within six months of enactment, establish reporting requirements for intermediate collection points; 4. beginning March 1, 2006, coordinate the pickup of full truckloads of video display devices by manufacturers; 5. by January 15, each year, calculate and verify the pro rata share for each manufacturer; 6. by July 31, 2006, contract for a brand source sort conducted at intermediate collection points; and 7. by January 15, 2007, and each year thereafter, report to the director of the OEA on the progress of manufacturers meeting their responsibilities. 3

4 GK:dv Subdivision 8. [Purchases by State Agencies] requires the Commissioner of Administration to ensure that video display devices are acquired in compliance with this section. Bid specifications must include rea~onable access to records to verify compliance with this section. If a person with a state contract is found to be in violation of this section: 1. the contract must be voided; 2. the contractor is ineligible to bid on state contracts for three years; and 3. a court may order the disgorgement of unlawfully obtained mo_ney. Subdivision 9. [Regulation of Video Display Devices] provides that video display devices must be reused, refurbished, and recycled in compliance with all federal, state, and local requirements, and cannot be exported for disposal in a manner that poses significant risk to public health or the environment. Subdivision 10. [Enforcement] clarifies that this section may be enforced by the Pollution Control Agency under the PCA's general authority for ~dministrative, civil, and criminal enforcement powers. Subdivision 11. [Indemnification] provides that a municipality participating at an intermediate collection point or providing forthe reuse or recycling of manufacturers' abandoned waste under this section is an employee of the state for the purposes of the State Tort Claims Act. The state is not obligated to defend or indemnify a municipality to the extent of the municipality's liability insurance. Persons providing services at intermediate collection points are not liable for any data remaining on a video display device. Subdivision 12. [Termination] terminates the requirements underthis section, 30 days after the director of the OEA publishes notice in the State Register that a national program exists for video display devices and is implemented throughout the state. 4

5 02/16/05 [REVISOR ] CMR/DD Senators Higgins, Marty, Sams, Pariseau and Frederickson introduced-- S.F. No. 1298: Referred to the Committee on Environment and Natural Resources. 1 A bill for an act 2 relating to environment; providing for the recovery 3 4 and recycling of waste electronic products; proposing coding for new law in Minnesota Statutes, chapter 115A. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 6 Section 1. [115A.9566] [RECOVERY AND RECYCLING OF WASTE 7 ELECTRONIC PRODUCTS.] 8 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 9 section, the definitions in this subdivision apply. 10 (b) "Cathode-ray tube" means a vacuum tube or picture tube 11 used to convert an electronic signal into a visual image. 12 (c) "Full truckload" means a quantity of video display 13 devices weighing 25,000 pounds or more. 14 (d) "Household" means a single detached dwelling unit or a 15 single unit of a multiple dwelling unit and appurtenant 16 structures. 17 (e) "Intermediate consolidation point" means a facility or 18 location in the state where persons can deliver for 19 consolidation video display devices generated by households and 20 destined for reuse or recycling. The facility or location may 21 be operated by a private entity or a local unit of government, 22 and must be capable of consolidating a full truckload of video 23 display devices in accordance with all applicable federal, 24 state, and local laws, regulations, and ordinances. 25 (f) "Manufacturer" means a person who manufactures a video Section 1 1

6 02/16/05 [REVISOR ] CMR/DD display device that is sold in this state or a person who sells 2 a video display device in this state under its own brand label. 3 (g) "Market share" means each manufacturer's total sales of 4 video display devices in Minnesota, divided into the two general 5 categories of computers and televisions, as compared to the 6 total sales of all video display devices sold that year in 7 Minnesota divided into the same categories. Each manufacturer's 8 national percentage of sales for 2004 for all types of video 9 display devices sold by the manufacturer in Minnesota must be 10 used to determine that manufacturer's market share for (h) "Pro rata share" means a manufacturer's market share of 12 video display devices sold in Minnesota during the immediately 13 preceding calendar year multiplied by that year's performance 14 standard as set forth in subdivision 5. For video display 15 devices generally categorized by market share as televisions, 16 this pro rata share calculation must be further multiplied by 17 two. 18 (i) "Type of device" means either a television or similar 19 device or a computer monitor or similar device. 20 (j) "Video display device" means an electronic product 21 containing: (1) a cathode-ray tube; or (2) a flat panel 22 display; or (3) any other similar video display device with a 23 screen size that is greater than eight inches in size when 24 measured diagonally, but does not include those in an automobile 25 or other vehicle. 26 Subd. 2. [MANUFACTURER RESPONSIBILITY.] (a) Effective July 27 1, 2005, all manufacturers of video display devices sold in 28 Minnesota, including video display devices sold by means of 29 distance communication, shall: 30 (1) collect all video display devices from intermediate 31 consolidation points within three working days of being notified 32 by an intermediate consolidation point approved by the director 33 that at least a full truckload of video display devices from 34 households has been consolidated at that point; 35 (2) ensure that collection of video display devices from 36 intermediate consolidation points is without charge; Section 1 2

7 02/16/05 [REVISOR ] CMR/DD l (3) ensure that video display devices collected from 2 intermediate consolidation.points are reused or recycled; and 3 (4) clearly inform each purchaser of a video display device 4 of opportunities for reuse or recycling of end-of-life video 5 display devices. 6 (b) The requirements of paragraph {a), clauses (1) to (3), 7 must be fulfilled each year by a manufacturer after the 8 manufacturer has collected and reused or recycled its pro rata 9 share of video display devices. 10 {c) A manufacturer may fulfill its responsibilities under 11 this subdivision through a representative organization of 12 manufacturers. 13 (d) In 2005, a manufacturer is considered to have fulfilled 14 its responsibility under this subdivision upon collection and 15 recycling or reuse of 50 percent of its pro rata share of video 16 display devices. 17 Subd. 3. [MANUFACTURER REGISTRATION AND CERTIFICATION.]~ 18 On and after July 1, 2005, it is unlawful to sell a video 19 display device in this state unless the manufacturer of the 20 video display device has (1) registered with the agency, {2) 21 certified that the manufacturer is in compliance with 22 subdivision 2, and (3) if Minnesota sales data on each type of 23 video display device is not available, certified to the number 24 of each type of video display device it has sold in Minnesota in 25 the immediate preceding year. A retailer is not responsible for 26 an unlawful sale under this subdivision if the certification 27 relied upon by the retailer in making the unlawful sale was 28 incorrect, or if the registration expired or was revoked and the 29 retailer took possession of the video display device prior to 30 the expiration or revocation of the registration and the 31 unlawful sale occurred within six months after the expiration or 32 revocation. 33 {b) By July 1, 2005, by January 31, 2006, and by January of each year thereafter, each manufacturer of a video display 35 device sold in Minnesota must submit a registration and 36 certification to the commissioner. Registration includes but is Section l 3

8 02/16/05 [REVISOR ] CMR/DD not limited to a list of all brand labels owned by the 2 manufacturer, its subsidiaries, or any companies acquired by the 3 manufacturer. The registration must also specify the entity 4 that will be responsible for implementing the manufacturer's 5 requirements as specified in subdivision 2, and the entity's 6 contact information. 7 (c) By December 31, 2005, and each year thereafter, each 8 manufacturer of a video display device sold in Minnesota shall 9 submit a written certification, signed by an official of the 10 manufacturer, that the manufacturer is in compliance with the 11 requirements of subdivision 2. The commissioner shall accept 12 the certification as prima facie evidence that the manufacturer 13 is in compliance with subdivision (d) The commissioner may, at any time, revoke a 15 registration upon being presented with evidence that the 16 manufacturer is not in compliance with the requirements of this 17 section. 18 (e) The commissioner may charge a registration fee to cover 19 the agency's costs of administering the requirements under this 20 section. 21 (f) By August 1, 2005, and each January 31 of each year 22 thereafter, the commissioner shall publish on the agency's Web 23 site a list of video display device manufacturers and all brand 24 labels for which the commissioner has received registrations, 25 certifications, and contact information for each entity 26 responsible for implementing the requirements of subdivision Subd. 4. [MANUFACTURER REPORTING.] By October 1, 2006, and 28 each year thereafter, a manufacturer of video display devices or 29 a representative organization of-manufacturers shall provide 30 information to the off ice that specifies the following 31 information regarding video display devices from Minnesota 32 households: (1) the total number and pounds of video display 33 devices collected during the preceding year, together with the 34 total number and pounds of video display devices reused or 35 refurbished for reuse, and the total number and pounds of video 36 display devices recycled or resold; and (2) a general Section 1 4

9 02/16/05 [REVISOR CMR/DD description of the processes and methods used to recycle, 2 refurbish, or reuse the video display devices and any 3 disassembly, physical recovery operation, or other operation 4 that was used; the location where these activities occurred; and 5 whether these activities were conducted in accordance with 6 applicable rules, standards, and requirements adopted by the 7 Organization for Economic Cooperation and Development for the 8 environmentally sound management of electronic waste. If a 9 manufacturer fulfills its responsibilities under subdivision 2 10 through a representative organization of manufacturers, the 11 reporting requirements in this subdivision may be satisfied by 12 the representative organization. 13 Subd. 5. [PERFORMANCE STANDARDS.] It is the goal of the 14 state to ensure that all video display devices discarded by 15 households are collected and reused or recycled. In order to 16 meet this goal, the following minimum annual performance 17 standards for responsibilities are established: 18 (1) by July 1, 2006, the total amount of video display 19 devices collected from households for reuse or recycling must 20 equal video display devices per resident of the state; 21 (2) by July 1, 2007, the total amount of video display 22 devices collected from households for reuse or recycling must 23 equal video display devices per resident of the state; and 24 (3) by July 1, 2008, the total amount of video display 25 devices collected from households for reuse or recycling must 26 egual video display devices per resident of the state. 27 Subd. 6. [OFFICE OF ENVIRONMENTAL ASSISTANCE DUTIES.]~ 28 The director shall, by July 1, 2005, seek applications for the 29 establishment of intermediate consolidation points from persons 30 eligible to operate the points. The director shall seek to 31 receive at least 15 applications with at least ten of the 32 applications from outside the metropolitan area. By November 1, , the director shall establish a list of approved 34 intermediate consolidation points and shall make a list 35 available to manufacturers, any representative organization of 36 manufacturers, local government, solid waste haulers, and the Section 1 5

10 02/16/05 [REVISOR ] CMR/DD general public. The director shall thereafter maintain and 2 update the list by approving new applications qualified to be 3 intermediate consolidation points, and deleting the points no 4 longer eligible for placement on the list. 5 (b) By December 1, 2006, and each year thereafter, the 6 director shall assess progress with manufacturers meeting their 7 responsibilities under subdivision 2. By December 1, 2007, and 8 every two years thereafter, the director shall submit a report 9 as part of the report required in section 115A.411 to the 10 legislature evaluating the programs established under this 11 section. If the director determines that manufacturers have not 12 met their responsibilities, the director shall recommend 13 alternative methods for ensuring that all discarded video 14 display devices are collected and recycled or reused. The 15 report due on December 1, 2007, must include an assessment of 16 the ratio of discarded cathode-ray tubes to other discarded 17 video display devices. The office shall also publish its 18 assessment and evaluation of video display device collection, 19 transportation, and reuse or recycling programs in the state on 20 the office's Web site and through any of its other usual methods 21 of providing public information. 22 (c) In addition to the report described in this section, 23 the director shall evaluate in each odd-numbered year beginning 24 in 2007, the amount and composition of other household 25 electronic wastes such as computer central processing units, and 26 shall recommend the addition or deletion of products to be 27 covered under this section. 28 Subd. 7. [CREATION OF THE ELECTRONICS RECYCLING MANAGEMENT 29 ASSOCIATION.] (a) An association is created as a nonprofit 30 organization charged with facilitating compliance with this 31 section. The association must be governed by a board of 32 directors consisting of manufacturers of video display devices 33 and local government representatives. 34 (b) Association responsibilities at a minimum include: 35 {l) determining and allocating responsibility for 36 manufacturers based on market share calculation; Section 1 6

11 02/16/05 [REVISOR CMR/DD (2) facilitating transportation and recycling of video 2 display devices from the point of consolidation according to 3 environmentally sound management standards; 4 (3) working in conjunction with the agency to ensure that a 5 sufficient number of consolidation points exist and are 6 distributed across the state; 7 (4) providing technical assistance to collection agents and 8 consolidation points on proper handling and operational 9 procedures; 10 (5) conducting public education and outreach on the 11 collection and recycling of video display devices; and 12 (6) reporting to the agency on progress towards meeting the 1.3 goals. 14 (c) The association may choose to extend its 15 responsibilities to provide any or all manufacturer's 16 responsibilities in subdivision Subd. 8. [ENFORCEMENT.] This provision may be enforced 18 under sections and Subd. 9. [REPEALER.] This section is repealed 30 days 20 after the director publishes a notice in the State Register that 21 a national program for effectively collecting, transporting, and 22 reusing or recycling waste video display devices is established 23 and implemented throughout the state. 7

12 03/20/05 [COUNSEL ] GK SCS1298A Senator... moves to amend S.F. No as follows: Delete everything after the enacting clause and insert: 3 "Section 1. [115A.9566] [RECOVERY AND RECYCLING OF WASTE 4 ELECTRONIC PRODUCTS.] 5 Subdivision 1. [DEFINITIONS.] For the purposes of this 6 section, the following definitions apply. 7 (a) "Board" means the joint powers board created in this 8 section. 9 (b) "Cathode-ray tube" or "CRT" means a vacuum tube or 10 picture tube used to convert an electronic signal into a visual 11 image. 12 (c) "Full truckload" means a quantity of video display 13 devices weighing 25,000 pounds or more. 14 (d) "Hennepin County study" means the Hennepin County 15 Consumer Electronics Brand Tally, published in January (e) "Household" means an occupant of a single detached 17 dwelling unit or a single unit of a multiple dwelling and 18 appurtenant structures who has used a video display device at a 19 dwelling unit primarily for personal use. 20 (f) "Intermediate consolidation point" means a facility or 21 location in the state approved by the board, where at a minimum, 22 local governments or households can deliver for consolidation 23 video display devices generated by households and destined for 24 reuse, refurbishment, or recycling. The facility or location 25 may be operated by a private entity or a local unit of 26 government, and must be capable of consolidating a full 27 truckload of video display devices in accordance with all 28 applicable federal, state and local laws, rules, regulations, 29 and ordinances. 30 (g) "Manufacturer" means a person who manufactures a video 31 display device that is sold in this state under its own 32 manufacturer's brand or a person who sells a video display 33 device manufactured by others in this state under its own 34 manufacturer's brand label. 35 (h) "Manufacturer brands" means manufacturer's names, brand 36 names, or brand labels, and all manufacturer's names, brand Section 1 1

13 03/20/05 [COUNSEL ] GK SCS1298A-l 1 names, and brand labels for which the manufacturer has legal 2 responsibility, including those manufacturer's names, brand 3 names, and brand labels of companies that have been acquired by 4 the manufacturer. 5 (i) "Manufacturer's abandoned waste" means a video display 6 device for which the manufacturer or a successor exists but the 7 state is unable to enforce this section for any reason, 8 including because video display devices from the manufacturer or 9 successor are no longer sold in the state. 10 (j) "Orphan waste" means a video display device covered by 11 this section for which: (1) no manufacturer can be identified, 12 or (2) the manufacturer no longer exists and no successor can be 13 identified. 14 (k) "Pro rata share" means the percentage that is the 15 proportion of each manufacturer's total weight of its video 16 display devices divided by the total weight of all video display 17 devices multiplied by 100 as determined by an approved brand 18 sort at an intermediate consolidation point. Until pro rata 19 share is determined pursuant to an approved sort arranged for by 20 the board, pro rata share shall be the manufacturer's percentage 21 that is the proportion of the number of units of each 22 manufacturer's video display devices divided by all units of 23 video display devices multiplied by 100 as tallied by the 24 Hennepin County study. Pro rata share at all times shall 25 include orphan waste and manufacturer abandoned waste. 26 (1) "Sell, sale or sold" means any transfer for 27 consideration of title or of the right to use, by lease or sales 28 contract, including, but not limited to, transactions conducted 29 through sales outlets, catalogs, or the Internet, or any other 30 similar electronic means either inside or outside of the state, 31 by a person who conducts the transaction and controls the 32 delivery of a video display device to a consumer in the state, 33 but does not include a wholesale transaction with a distributor 34 or a retailer. 35 (m) "Video display device" means an electronic product 36 containing: Section 1 2

14 03/20/05 [COUNSEL ] GK SCS1298A-1 1 (1) a cathode-ray tube; or 2 (2) a flat panel display, or any other similar video 3 display device with a screen size that is greater than eight 4 inches in size measured diagonally, but does not include those 5 in an automobile or other vehicle. 6 Subd. 2. [MANUFACTURER RESPONSIBILITY.] (a) Effective 7 March 1, 2006, all manufacturers of video display devices sold 8 in Minnesota, including video displ~y devices sold by means of 9 distance communication, must: 10 (1) collect their pro rata share of video display devices 11 from intermediate consolidation points within three working days 12 of being notified that at least a full truckload of video 13 display devices from households has been consolidated at that 14 point; 15 (2) ensure that collection of video display devices from 16 intermediate consolidation points is without charge; 17 (3) ensure that video display devices collected from 18 intermediate consolidation points are reused, refurbished, or 19 recycled; and 20 (4) clearly inform each purchaser of a video display device 21 of opportunities for reuse, refurbishment, or recycling of 22 end-of-life video display devices. 23 (b) The requirements of paragraph (a), clauses (1) to (3), 24 must be fulfilled each year by a manufacturer after the 25 manufacturer has collected and reused, refurbished, or recycled 26 its pro rata share of video display devices. 27 (c) A manufacturer may propose its own program for 28 fulfilling its pro rata share obligation and submit the program 29 to the board for review and approval. Until the time that a 30 manufacturer's program is approved and the manufacturer 31 satisfies its pro rata share, a manufacturer shall continue to 32 meet the requirements of paragraph (a), clauses (1) to (3). At 33 all times, a manufacturer shall be responsible for collecting, 34 reusing, refurbishing, or recycling its pro rata share of 35 manufactured abandoned waste and orphan waste. 36 (d) A manufacturer may fulfill its responsibilities under Section 1 3

15 03/20/05 [COUNSEL ] GK SCS1298A-l 1 this subdivision through a representative organization of 2 manufacturers. 3 Subd. 3. [MANUFACTURER REGISTRATION AND RETAILER 4 CERTIFICATION.] (a) On and after January 1, 2006, it shall be 5 unlawful to sell a video display device in this state unless: 6 (1) the video display device is labeled with the 7 manufacturer's brand, and the label is permanently affixed and 8 readily visible; and 9 (2) the manufacturer of the video display device has: 10 (i) registered with the director; and 11 (ii) certified that it is in compliance with subdivision (b) A retailer who sells or offers for sale a video display 13 device must, before the initial offer for sale, submit to the 14 office a certification that he or she has reviewed the office's 15 Web site and has determined that the video display device being 16 offered for sale is a brand of a manufacturer who has filed a 17 registration. Certifications by retailers are due February 1, , and annually thereafter. A retailer shall not be 19 responsible for an unlawful sale under this subdivision if the 20 registration expired or was revoked and the retailer took 21 possession of the video display device prior to the expiration 22 or revocation of the registration and the unlawful sale occurred 23 within six months after the expiration or revocation. 24 (c) Each January 1, a manufacturer of a video display 25 device sold in the state must submit a new registration to the 26 director. The registration must include, but not be limited to, 27 a listing of all brand labels owned by the manufacturer, its 28 subsidiaries, or any companies acquired by the manufacturer. 29 The registration shall also specify the entity that will be 30 responsible for implementing the manufacturer's requirements as 31 specified in subdivision 2, and the entity 1 s contact information. 32 (d) By December 31, 2006, and each December 31 thereafter, 33 a manufacturer of a video display device sold in the state must 34 submit to the director a written certification, signed by an 35 official of the manufacturer, that the manufacturer is in 36 compliance with the requirements in subdivision 2. The Section 1 4

16 03/20/05 [COUNSEL ] GK SCS1298A-1 1 commissioner shall accept the certification as prima facie 2 evidence that the manufacturer is in compliance with subdivision 3 i. 4 (e) The director may, at any time, revoke a registration 5 upon being presented with evidence that the manufacturer is not 6 in compliance with the requirements of this section. 7 (f) The director may charge a registration fee to cover the 8 agency's costs of administering the requirements under this 9 section. 10 (g) By January 15, 2006, and each January 15 thereafter, 11 the director shall publish on its Web site a list of video 12 display device manufacturers and all brand labels for which the 13 director has received registrations, certifications, and contact ~4 information for each entity responsible for implementing the 15 requirements of subdivision (h) By January 1, 2007, the director shall publish on the 17 agency's Web site the results of the brand sort authorized by 18 the board. These results shall determine the pro rata share of 19 video display devices that each manufacturer is responsible for 20 under subdivision 2 for 2007 and subsequent years until the next 21 sort is published on the office's Web site. Any manufacturer 22 who disputes the pro rata share information of the independent 23 sort may contract, at its own expense, with each intermediate 14 consolidation facility in the state to sort and recycle its own 25 branded product. Any manufacturer who chooses to pay for 26 sorting and recycling of its own branded product under an 27 approved program shall still remain responsible for its pro rata 28 share of the orphan and manufacturer abandoned waste as 29 calculated in the HenneEin County study and subseg:uent brand 30 sorts Erovided herein. 31 Subd. 4. [MANUFACTURER REPORTING.] By February 1, 2007, 32 and each year thereafter, a manufacturer of video diselay 33 devices or a reeresentative organization of manuf acturers must 34 Erovide information to the office that SEecifies the following: 35 information regarding: video diselay devices from Minnesota 36 households: Section 1 5

17 03/20/05 [COUNSEL ] GK SCS1298A-1 1 (1) the total number and pounds of video display devices 2 collected during the preceding year, together with the total 3 number and pounds of video display devices reused or refurbished 4 for reuse, and the total number and pounds of video display 5 devices recycled or resold; and 6 (2) a general description of the processes and methods used 7 to recycle, refurbish, or reuse the video display devices and 8 any disassembly, physical recovery operation, or other operation 9 that was used, the location where these activities occurred, and 10 whether these activities were conducted in accordance with 11 applicable rules, standards, and requirements for the 12 environmentally sound management of video display devices. If a 13 manufacturer fulfills its responsibilities under subdivision 2 14 through a representative organization of manufacturers, the 15 reporting requirements in this subdivision may be satisfied by 16 the representative organization. 17 Subd. 5. [PERFORMANCE STANDARDS.] It is the goal of the 18 state to ensure that all video display devices discarded by 19 households are collected, and reused, refurbished, or recycled. 20 In order to meet this goal, the state hereby establishes the 21 following minimum annual performance standards to be used as 22 guidance for planning purposes by the board for manufacturers' 23 responsibilities established under this section: 24 (1) by December 31, 2006, the total amount of video display 25 devices collected from households for reuse or recycling equals video display devices per resident of the state; 27 (2) by December 31, 2007, the total amount of video display 28 devices collected from households for reuse or recycling equals video display devices per resident of the state; and 30 (3) By December 31, 2008, the total amount of video display 31 devices collected from households for reuse or recycling equals video display devices per resident of the state. 33 Subd. 6. [OFFICE OF ENVIRONMENTAL ASSISTANCE DUTIES.] (a) 34 The Office of Environmental Assistance shall by November 1, , establish procedures for registering and maintaining 36 registrations and the means for making registration information Section 1 6

18 03/20/05 [COUNSEL ] GK SCS1298A-1 1 easily available on a Web site to manufacturers, distributors, 2 retailers, and members of the public. 3 (b) By February 15, 2007, and each year thereafter, the 4 director shall assess progress of the prior year in meeting the 5 performance standards in subdivision 5. By December 1, 2007, 6 and every two years thereafter, the director shall submit a 7 report to the legislature evaluating the programs established 8 under this section and progress in meeting the state performance 9 standards in subdivision 5. If the director determines that the 10 performance standards in subdivision 5 have not been met, the 11 director shall recommend alternative methods for ensuring that 12 the state performance standards are met. The report due on 13 December 1, 2007, shall include an assessment of the ratio of.4 discarded CRTs to other discarded video display devices, and a 15 recommendation for the minimum performance standards for and The office shall also publish on the office's Web 17 site its assessment and evaluation of video display device 18 collection, transportation, and reuse, refurbish, or recycling 19 programs in the state. 20 (c) In addition to the report described in this section, 21 the director shall evaluate in each odd-numbered year beginning 22 in 2007, the amount and composition of other household 23 electronic wastes such as computer central processing units, and ~4 shall recommend the addition or deletion of products to be 25 covered under this section. 26 (d) The director may adopt rules under section to 27 establish methodologies to be used to fairly distribute and 28 document the obligation of manufacturers to collect, and reuse, 29 refurbish, or recycling video display devices. 30 Subd. 7. [THE ELECTRONICS RECYCLING JOINT POWERS 31 BOARD.] (a) An Electronics Recycling Joint Powers Board shall be 32 established under section for the purpose of coordinating 33 and administering the requirements of this section. For this 34 purpose, the term "governmental unit" as used in section , JS shall include one county commissioner selected by the governor 36 from each congressional district and the joint powers board Section 1 7

19 03/20/05 [COUNSEL ] GK SCS1298A-1 1 shall have the powers of counties in implementing this section. 2 (b) By September 15, 2005, the board shall convene to seek 3 applications for the establishment of intermediate consolidation 4 points. The board shall seek to receive at least 15 5 applications with at least ten of the applications from outside 6 the metropolitan area. By November 15, 2005, the board shall 7 establish a list of approved intermepiate consolidation points 8 and shall make a list available to manufacturers, any.9 representative organization of manufacturers, local government, 10 solid waste haulers, and the general public. The board shall 11 thereafter maintain and update the list by approving new 12 applications qualified to be intermediate consolidation points, 13 and deleting the points no longer eligible or available for 14 placement on the list. 15 (c) Within six months of the enactment of this section, the 16 board shall establish reporting requirements for intermediate 17 consolidation points as well as for manufacturers collecting, 18 reusing, and recycling video display devices utilizing other 19 methods. 20 (d) As of March 1, 2006, the board shall coordinate the 21 pickup by manufacturers of full truckloads of video display 22 devices from intermediate consolidation points and establish 23 methods for addressing amounts greater than or less than a 24 registrant's pro rata share responsibility that were picked up 25 and recycled by a registrant during the program year. 26 (e) By January 15 of each year, calculate and verify with 27 the director the pro rata share for ~ach manufacturer. 28 (f) By July 31, 2006, contract for the performance of a 29 brand sort conducted at intermediate consolidation points. The 30 sampling survey must identify televisions and computer monitors 31 separately; and calculate the weight of televisions and computer 32 monitors separately. The first sort for establishing pro rata 33 share other than the Hennepin County study shall be performed 34 with a report available to the board no later than October 31, , at Hennepin County or other comparable program site at no 36 cost to either site. Section 1 8

20 03/20/05 [COUNSEL ] GK SCS1298A (g) By January 15, 2007, and each year thereafter, the board shall report to the director on the progress of manufacturers meeting their responsibilities under this section. 4 Subd. 8. [REQUIREMENTS FOR PURCHASES BY STATE 5 AGENCIES.] (a) The commissioner of administration must ensure that acquisitions of video display devices are certified by the vendor to be in compliance with this section. (b) The bid solicitation documents must specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this section. (c) Any person awarded a contract for purchase or lease of video display devices that is found to be in violation of this section is subject to the following sanctions: (1)_ the contract must be voided; (2) the contractor is ineligible to bid on any state contract for a period of three years; and (3) if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit. 23 Subd. 9. [REGULATION OF VIDEO DISPLAY DEVICES.] Video display devices must be recycled, refurbished, or reused in compliance with all applicable federal, state and local laws, regulations and ordinances, and must not be exported for disposal in a manner that poses a significant risk to the public health or environment. 29 Subd. 10. [ENFORCEMENT.] This provision may be enforced 30 under sections , subdivisions 1, 3, 4, 5, and 6; and Subd. 11. [INDEMNIFICATION.] (a) A municipality when 33 participating at an intermediate consolidation point or 34 providing for the collection, reuse, or recycling of 35 manufacturers' abandoned waste under this section, is an 36 employee of the state, certified to be acting within the scope Section 1 9

21 03/20/05 [COUNSEL J GK SCS1298A-1 1 of employment for purposes of the indemnification provisions of 2 section 3.736, subdivision 9, for claims that arise out of the 3 collection from households and storage of video display devices 4 as well as from the subsequent collection and recycling or reuse 5 of video display devices by manufactures from the intermediate 6 consolidation points. 7 (b) The state is not obligated to defend or indemnify a 8 municipality under this subdivision to the extent of the 9 municipality's liability insurance. The municipality's right to 10 indemnity is not a waiver of the limitations, defenses, and 11 immunities available to either the municipality or the state by 12 law. 13 (c) All persons providing services at and including 14 intermediate consolidation points shall have no responsibility 15 or liability for any data that may remain on a video display 16 device if an information storage device is included with the 17 video display device. 18 Subd. 12. [TERMINATION.] The requirements under 19 subdivisions 1 to 9 shall terminate 30 days after the director 20 publishes a notice in the state Register that a national program 21 for effectively collecting, transporting, and reusing or 22 recycling waste video display devices is established and 23 implemented throughout the state." 10

22 03/21/05 [COUNSEL ] GK SCS1298A-2 1 Senator... moves to amend the delete-everything 2 amendment (SCS1298A-1) to S.F. No as follows: 3 Page 4, after line 2, insert: 4 "(e) Beginning March 1, 2006, a manufacturer must: 5 (1) make information available to consumers describing 6 where and how to return, recycle, and dispose of covered 7 electronic devices through the use of product operation manuals, 8 industry or manufacturer Web sites, product labels, packaging 9 inserts, or toll-free telephone numbers; and 10 (2) provide recyclers with information on the type and 11 location of hazardous substances in the covered products. 12 (f) Beginning January 1, 2007, a manufacturer must not 13 offer for sale in the state any product or electronic device 14 that is prohibited from being sold or offered for sale in the 15 European Union on or after its date of manufacture, to the 16 extent that Directive 2002/95/EC adopted by the European 17 Parliament on January 27, 2003, and as amended thereafter by the 18 Commission of European Communities, prohibits the sale due to 19 the presence of h~avy metals. This prohibition does not include 20 any product that contains a substance that is used to comply 21 with consumer health or safety requirements that are required by 22 Underwriters Laboratories, the federal government, or the state. 23 (g) Beginning July 1, 2008, and annually thereafter, 24 manufacturers shall make available to the public upon request a 25 report that contains: 26 (1) the total estimated amounts of lead, mercury, 27 hexavalent chromium, cadmium, and polybrominated biphenyls 28 (PBBs) contained in products sold within the state in the 29 previous year; 30 (2) the total estimated amounts of recyclable materials 31 contained in covered electronic devices sold within the state in 32 the p~evious year, and increases the use of those materials over 33 previous years; and 34 (3) any efforts to design covered electronic devices for 35 recycling and goals or plans for further increasing design for 36 recycling. 1

23 03/21/05 [COUNSEL ] GK SCS1298A-2 1 (h) In lieu of an individual report, manufacturers may 2 submit the information in a collated report submitted via a 3 trade association provided that information about an individual 4 company can be made available to the off ice upon written request 5 by the office. The office may only make the request for 6 auditing purposes and not more than once during a five-year 7 period. The office may not make public any confidential 8 business information claimed by the manufacturer in the report. 9 (i) A report submitted to another state or to the federal 10 government that contains the same information as required in 11 this subdivision must be accepted by the office in lieu of a 12 separate report for the state." 2

24 ~ 02/18/05 [REVISOR ] CMR/DD Senator Higgins introduced-- S.F. No. 1327: Referred to the Committee on Environment and Natural Resources. 1 A bill for an act 2 relating to the environment; providing for cathode-ray 3 tube recycling; authorizing rulemaking; providing 4 penalties; proposing coding for new law in Minnesota 5 Statutes, chapter 116H. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF. MINNESOTA: 7 Section 1. [116H.55] [DEFINITIONS.] 8 Subdivision 1. [SCOPE.] For the purposes of this chapter, 9 the following terms have the meanings given. 10 Subd. 2. [COVERED CRT DEVICE.] "Covered CRT Device" means 11 all CRT devices except those CRT devices that have been excluded 12 from being subject to this chapter pursuant to section 116H.60, ~3 paragraph (c). 14 Subd. 3. [CRT DEVICE.] "CRT device 11 means a vacuum tube or 15 picture tube used to convert an electronic signal into a visual 16 image. It is composed primarily of glass, and is the video 17 display component of a television or computer monitor, and 18 includes other items integrally attached to the CRT device. 19 Subd. 4. [HOUSEHOLD.] "Household" means an occupant of a 20 single detached dwelling unit or a single unit of a multiple 21 dwelling unit who has used a CRT device at a dwelling unit 22 primarily for personal use. 23 Subd. 5. [HOUSEHOLD HAZARDOUS WASTE COLLECTION 24 PROGRAM.] "Household hazardous waste collection program" means 25 the program, as specified in section 116H.65, paragraph (d), for Section 1 1

25 02/18/05 [REVISOR ] CMR/DD collecting covered CRT devices from household hazardous waste 2 collection facilities in the state. 3 Subd. 6. [MANUFACTURER.] "Manufacturer" means a person who: 4 (1) manufactures CRT devices to be sold under its own brand as 5 identified by its own brand iabel, or (2) sells CRT devices 6 manufactured by others under its own brand as identified by its 7 own brand label. 8 Subd [OFFICE.] 0ffice 11 means the Office of 9 Environmental Assistance. 10 Subd. 8. [PRO RATA SHARE.] "Pro rata share" means the 11 percentage of all covered CRT devices from a manufacturer 12 delivered to household hazardous waste collection facilities. 13 Pro rata shares are calculated by return weight. 14 Subd. 9. [REGISTRANT.] "Registrant" means the manufacturer 15 or an independent party that submits the registration required 16 by section 116H.60, paragraph (a), in lieu of the manufacturer. 17 Subd. 10. [SELL OR SALE.] "Sell" or "sale" means any 18 transfer for consideration of title or of the right to use, by 19 lease or sales contract, including, but not limited to, 20 transactions conducted through sales outlets, catalogs, or the 21 Internet, or any other similar electronic means either inside or 22 outside of the state, by a person who conducts the transaction 23 and controls the delivery of a covered CRT device to a consumer 24 in the state, but does not include a wholesale transaction with 25 a distributor or a retailer. 26 Sec. 2. [116H.60] [REGISTRATION PROGRAM.] 27 (a) On and after...,a person may not sell or offer for 28 sale a new covered CRT device to any person in the state unless: 29 (1) it is labeled with the name of the manufacturer or the 30 manufacturer's brand label is permanently affixed and readily 31 visible; and 32 (2) it has been registered with the office along with the 33 name of the manufacturer or that manufacturer's brand label. 34 (b) A person who sells or offers for sale a new covered CRT 35 device must, before its initial offer for sale of the device, 36 submit to the office a certification that the person has Section 2 2

26 02/18/05 [REVISOR CMR/DD reviewed the office's Web site specified in paragraph (h), and 2 has determined that all new covered CRT devices that the person 3 is then offering for sale are labeled with brand names or labels 4 that are subject to registration statements filed with the 5 office. After this initial submittal, the certificatio n must be 6 submitted to the office annually by January 10 of each year, 7 effective as of January 1 of each year. 8 (c) CRT devices, for which the manufacturer has provided 9 evidence to the off ice are not classified as hazardous waste as 10 defined in section when discarded, are not subject to 11 this chapter. 12 (d) The registration must include a certification that the.3 registrant has a program in place that provides that all covered 14 CRT devices that are labeled with the name of the manufacturer 15 or with the manufacturer rs brand label can be returned by 16 households in the state to the registrant for recycling, 17 refurbishment, or reuse. 18 (e) The registration must describe the recycling, 19 refurbishment, or reuse program that must, at a minimum, provide 20 that the registrant is responsible for recycling, refurbishing, 21 or reusing all covered.crt devices labeled with the 22 manufacturer's name or brand label, after receipt of the covered 23 CRT devices by the registrant from households in the state. The 24 recycling, refurbishment, or reuse program must provide a method 25 or methods for the receipt of covered CRT devices from 26 households by the registrant. These methods may include: 27 (1) direct shipment of covered CRT devices from the 28 households by common carriers, U.S. mail, or other shipment 29 service to one or more locations designated by the registrant; 30 (2) deposit of covered CRT devices by households at one or 31 more collection centers or retail locations designated for this 32 purpose by the registrant; 33 (3) agreements with governmental bodies or private 34 for-profit or nonprofit parties; or 35 (4) other methods designated by the registrant as long as 36 one or more methods is reasonably available to households for Section 2 3

27 02/18/05 [REVISOR ] CMR/DD return of all covered CRT devices that bear the manufacturer's 2 name or brand label. These methods must include participation 3 in the household hazardous waste collection program. 4 (f) The registration must specify that the registrant may 5 not charge for the recycling, refurbishment, or reuse of a 6 covered CRT device received from households. 7 (g} The registration must describe the processes and 8 methods that will be used by the registrant to recycle, 9 refurbish, or reuse covered CRT devices and, in particular, must 10 identify any disassembly, physical recovery operation, (for 11 example, crushing, shredding, grinding, glass to glass 12 recycling), or other operation that will be used, and describe 13 where it will take place. 14 (h) The office must provide a Web site or a toll-free 15 telephone number that provides information about the recycling, 16 refurbishment, or reuse program in sufficient detail to allow a 17 household owner of a covered CRT device to learn how to return 18 the covered CRT device to the registrant for recycling, 19 refurbishment, or reuse. The program described on the Web site 20 or at the toll-free telephone number must, at a minimum, be 21 identical to the program submitted to the office but may contain 22 additional information. 23 (i) A registrant may partner with one or more manufacturers 24 or other parties, collectively a "registrant," to prepare and 25 submit to the office a joint covered CRT device recycling 26 program. 27 (j) Notwithstanding section 16A.1283, the office may 28 require registrants to submit to the office a registration fee 29 of up to $500 with each registration statement submitted to the 30 office. The office shall review registration statements and 31 notify the registrant if the registration statement does not 32 meet the requirements of this section. Within 30 days of 33 receipt of a notification from the office, the registrant must 34 file with the office a revised registration addressing the 35 requirements noted by the office. 36 (k) The office shall maintain on its Web site the names of Section 2 4

28 02/18/05 [REVISOR CMR/DD the registrants and manufacturers' brand names or brand labels 2 that are listed in registrations filed with the office. The 3 office shall update this Web site information promptly upon 4 receipt of a registration. 5 (1) The obligations of a manufacturer or registrant apply 6 only to covered CRT devices received from households in the 7 state and do not apply to covered CRT devices received from CRT 8 device owners other than households. 9 (m) If the registrant changes the program that has been 10 submitted to the office, before the change can become effective, 11 the registrant shall submit the changed program to the office. 12 The office shall revise its Web site or toll-free telephone 3 information to be consistent with the changed program. 14 (n) The registrant who receives a covereq CRT device for 15 recycling, refurbishment, or reuse may either recycle, 16 refurbish, or reuse, including resale, the covered CRT device. 17 Except to the extent otherwise required by law, the manufacturer 18 and registrant have no responsibility for any data that may be 19 on the covered CRT device if an information storage device is 20 included with the covered CRT device. 21 (o) A city, county, or other public agency may not require 22 households to use the program described in the registration to 23 recycle their covered CRT devices to the exclusion of other 24 programs legally available. This chapter anticipates that CRT 25 device recycling programs, in addition to those provided by 26 manufacturers and registrants under this section, will be 27 available to households in the state. Nothing in this chapter 28 prohibits or restricts any such programs or prohibits or 29 restricts any such persons from receiving, storing, 30 transporting, or recycling CRT devices. 31 (p) By April 1 of each year, each registrant shall file a 32 report with the office which describes the implementation of the 33 program during the year. The report must: ~4 (1) identify the total weight of the covered CRT devices 35 received during the preceding year, together with the total 36 number reused or refurbished for reuse, and the total number Section 2 5

29 02/18/05 [REVISOR ] CMR/DD recycled or resold; 2 (2) describe the processes and methods used to recycle, 3 refurbish, or reuse the covered CRT devices and, in particular, 4 identify any disassembly, physical recovery operation (for 5 example, crushing, shredding, grinding, glass to glass 6 recycling) or other operation that was used and describe where 7 it took place. 8 (q) Participation in the household hazardous waste 9 collection program requires that the registrant shall: 10 (1) collect all covered CRT devices from household 11 hazardous waste collection facilities within three working days 12 of being notified by the office, or its designee, that at least 13 a full truckload of covered CRT devices from households has been 14 consolidated at that point, up to the registrant's pro rata 15 share; 16 (2) ensure that covered CRT devices are recycled, 17 refurbished, or reused in accordance with paragraph (e); and 18 (3) until July 1, 2007, collect ten percent by weight of 19 the registrant's pro rata share. 20 Sec. 3. [116H.65] [DUTIES OF THE OFFICE.] 21 (a) The office shall administer and enforce this chapter. 22 (b) The office shall establish procedures for the receipt 23 and maintenance of the registration statements and 24 certifications filed with the office pursuant to section 116H and for making such statements and certifications easily 26 available to manufacturers, distributors, retailers, and members 27 of the public. 28 (c) On or before.,and every three years thereafter, 29 the off ice shall provide a report to the governor and the 30 legislature on the implementation of this chapter. For each of 31 the preceding three years, the report must discuss the total 32 weight of covered CRT devices received, the total weight of 33 covered CRT devices received from each registrant, and a summary 34 of information in the reports submitted by registrants pursuant 35 to section 116H.60, paragraph (p). The report must also discuss 36 the various collection programs used to collect the covered CRT Section 3 6

30 02/18/05 [REVISOR ] CMR/DD devices, and discuss information received by the office 2 regarding CRT devices that are not being collected by the 3 registrants. The report must include a description of 4 enforcement actions relating to the chapter, both administrative 5 and judicial, and information about CRT devices, if any, being 6 disposed of in landfills in the state. The office may include 7 in its report other information received by the office regarding 8 the implementation of the chapter. 9 (d) The office shall administer the household hazardous 10 waste collection program. At its discretion, the office may 11 delegate this administration responsibility to another party. 12 Administration includes coordination of full truckload pickups ~3 of covered CRT devices at household hazardous waste collection 14 facilities by registrants; annual calculation of pro rata share 15 for each manufacturer; and performing an annual sampling survey 16 at household hazardous waste collection facilities sufficient to 17 determine a fair basis on which to calculate pro rata share. 18 (e) The office may adopt rules for the purpose of 19 administering and enforcing this chapter. 20 Sec. 4. [116H.70] [OTHER PROGRAMS.] 21 (a) A city, county, or other public agency may not adopt, 22 implement, or enforce an ordinance, resolution, regulation, or 23 rule establishing a CRT device recycling program or a CRT device 24 recycling fee, including any fee of any type applied at time of 25 purchase of a CRT device, unless expressly authorized by this 26 section. 27 (b) This section does not prohibit: 28 (1) the adoption, implementation, or enforcement of any 29 local ordinance, resolution, regulation, or rule governing 30 curbside or drop-off recycling programs operated by, or pursuant 31 to a contract with, a city, county, or other public agency; or 32 (2) local programs operated under agreements with 33 registrants that include fees for funding the programs, 34 providing that the fees do not include a fee applied to the CRT 35 device at the time of purchase. 36 Sec. 5. [116H.75] [REQUIREMENTS FOR PURCHASES BY STATE Section 5 7

31 02/18/05 [REVISOR ] CMR/DD AGENCIES.] 2 (a) The Department of Administration must ensure that 3 acquisitions of covered CRT devices under chapter 16C are 4 certified by the vendor to be in compliance with section 116H (b) The bid solicitation documents must specify that the 6 prospective bidder is required to cooperate fully in providing 7 reasonable access to its records and documents that evidence 8 compliance with paragraph (a) and section 116H (c) Any person awarded a contract under chapter 16C for 10 purchase or lease of covered CRT devices that is found to be in 11 violation of paragraph (a) or section 116H.60 is subject to the 12 following sanctions: 13 ( 1) the contract must be voided; 14 ( 2 ) the contractor is ineligible to bid on any state 15 contract for a period of three years; and 16 (3) if the attorney general establishes that any money, 17 property, or benefit was. obtained by a contractor as a result of 18 violating paragraph (a) or section 116H.60, the court may, in 19 addition to any other remedy, order the disgorgement of the 20 unlawfully obtained money, property, or benefit. 21 Sec. 6. [116H.80] [LANDFILL DISPOSAL OF COVERED CRT 22 DEVICES; REGULATION OF COVERED CRT DEVICES.] 23 Rules adopted by the office regarding the handling, 24 storage, and treatment of covered CRT devices being recycled may 25 not be more restrictive than regulations adopted by the United 26 States Environmental Protection Agency. If the United States 27 Environmental Protection Agency adopts regulations under the 28 Resource Conservation and Recovery Act regarding the handling, 29 storage, or treatment of covered CRT devices being recycled, 30 those regulations are automatically effective in the state on 31 the same date and supersede any rules previously adopted by the 32 office regarding the handling, storage, or treatment or covered 33 CRT devices being recycled. 34 Sec. 7. [116H.85] [ENFORCEMENT] 35 (a) Civil liability may be administratively imposed by the 36 off ice against a person for each sale by that person of a new Section 7 8

32 02/18/05 [REVISOR ] CMR/DD covered CRT device not subject to a registration as required by 2 section 116H.60, in an amount up to$. per offense. A 3 civil penalty in an amount up to$.. may be imposed by a 4 district court against a person for each sale by that person of 5 a new covered CRT device not subject to such registration. 6 (b) Civil liability may be administratively imposed by the 7 off ice against a person who sells a new covered CRT device and 8 has not filed with the office the certification required by 9 section 116H.60, paragraph (a), in an amount up to.. per 10 offense. A civil penalty in an amount up to... per offense 11 may be imposed by a district court against a person who sells a 12 new covered CRT device and has not filed with the office the.3 certification required by section 116H.60, paragraph (a}. 14 (c} Civil liability may be administratively imposed by the 15 office against registrants in an amount up to$. for 16 failure to provide the program as described in such 17 registration. A civil penalty in an amount up to$... per 18 offense may be imposed by a district court for failure to 19 provide the program as described in such registration. 20 (d) A fine or penalty may not be imposed pursuant to this 21 section on any person who sells or offers for sale a new covered 22 CRT device that is not subject to a registration as required by 23 section 116H.60, paragraph (a}, if that person reviewed the 24 office s Web site within the period required for such review by 25 section 116H.60 in the year in which the sale occurred and 26 determined that, as of the date such review occurred, the new 27 covered CRT device was subject to a registration and that 28 information was included in the certification that was submitted 29 to the office in accordance with the requirements of section H Sec. 8. [116H.90] [LIMITATIONS.] 32 (a) This chapter becomes inoperative if either of the 33 events in paragraph (b) or (c) occurs. 14 (b) A federal law, or combination of federal laws, takes 35 effect that establishes a program for the collection and for the 36 recycling er reuse of covered CRT devices that is applicable to Section 8 9

33 02/18/05 [REVISOR ] CMR/DD l all covered CRT devices discarded by households if the law is 2 applicable to all covered CRT devices sold in the United States. 3 (c) A trial court issues a judgment, which is not appealed, 4 or an appellate court issues a final order affirming a judgment 5 of a trial court, holding that out-of-state manufacturers may 6 not be required to provide a recycling, refurbishment, or reuse 7 program as required by this chapter. Any such order must be 8 stayed until all appeals are concluded. The out-of-state 9 manufacturers shall continue to operate the recycling, 10 refurbishment, or reuse program required by this chapter during 11 the appeal process. 10

34 02/24/05 [REVISOR ] CMR/JK Senators Scheid, Senjem and Hottinger introduced-- S.F. No. 1398: Referred to the Committee on Environment and Natural Resources. 1 A bill for an act 2 relating to environment; enacting the Minnesota 3 Electronics Recycling Act of 2005; authorizing 4 rulemaking; providing penalties; amending Minnesota 5 Statutes 2004, section 16C.03, by adding a 6 subdivision; proposing coding for new law in Minnesota 7 Statutes, chapter 116F. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 9 Section 1. Minnesota Statutes 2004, section 16C.03, is 10 amended by adding a subdivision to read: 11 Subd. 18. [CONTRACTS WITH RETAILERS.] (a) For the purposes 12 of this subdivision, the definitions in section 116F.505 have 13 the meanings given. 14 (b) A public entity, as defined in section 16B.122, may not 15 contract for the purchase or lease of a covered electronic 16 device from a retailer or manufacturer which has not registered 17 to collect the fee imposed under chapter 116F on its sales in 18 Minnesota or to a destination in Minnesota. 19 (c) Beginning on or after September 1, 2005, each retailer 20 or manufacturer that is offered a contract to sell or lease a 21 covered electronic device subject to a fee under chapter 116F to 22 a public entity must submit to the public entity certification 23 that the retailer or manufacturer is registered to collect fees 24 and acknowledging that the contract may be declared void if the 25 certification is false. 26 [EFFECTIVE DATE.] This section is effective for all Section 1 1

35 02/24/05 [REVISOR CMR/JK contracts entered into on or after September 1, Sec. 2. [116F.505] [DEFINITIONS.] 3 subdivision 1. [SCOPE.] For the purposes of sections 4 116F.505 to 116F.595, the following terms have the meanings 5 given. 6 Subd. 2. [COMPUTER.] "Computer" means an electronic, 7 magnetic, optical, electrochemical, or other high speed data 8 processing device performing logical, arithmetic, or storage 9 functions, but does not include an automated typewriter or 10 typesetter, a portable handheld calculator or device, or other 11 similar device. 12 Subd. 3. [CONSUMER.] "Consumer" means a person who 13 purchases a covered electronic device in a transaction that is a 14 sale. 15 Subd. 4. [CORPORATION.] "Corporation 11 means the 16 not-for-profit organization established under section 116F Subd. 5. [COVERED ELECTRONIC DEVICE.] "Covered electronic 18 device 11 means a desktop or personal computer, computer monitor, 19 portable computer, desktop printer, television, or video display 20 device. Covered electronic device does not include those items 21 when they are: 22 (1) part of a motor vehicle, or any component part of a 23 motor vehicle assembled by or for a vehicle manufacturer or 24 franchised dealer, including replacement parts for use in a 25 motor vehicle; 26 (2) part of a piece of industrial, commercial, or medical 27 equipment, including monitoring or control equipment; or 28 (3) contained within a clothes washer, clothes dryer, 29 refrigerator, refrigerator and freezer, microwave oven, 30 conventional oven or range; dishwasher, room air conditioner, 31 dehumidifier, or air purifier. 32 Subd. 6. [MANUFACTURER.] "Manufacturer" means any person 33 that: 34 (1) manufactures a covered electronic device under its own 35 brand; 36 (2) manufactures a covered electronic device without Section 2 2

36 02/24/05 [REVISOR ] CMR/JK '. 1 affixing a brand; 2 (3) resells a covered electronic device produced by other 3 suppliers under its own brand and label; or 4 (4) imports a covered electronic device into the United 5 States. 6 Subd. 7. [MONITOR.] "Monitor" means a separate visual 7 display component of a computer, whether sold separately or 8 together with a computer central processing unit or computer 9 box, and includes a cathode ray tube, liquid crystal display, 10 gas plasma, digital light processing, or other image projection 11 technology, greater than nine inches when measured diagonally; 12 its case; interior wires and circuitry; cable to the central 13 processing unit; and power cord. 14 Subd. 8. [OFFICE.] "Office" means the Office of 15 Environmental Assistance. 16 Subd. 9. [PORTABLE COMPUTER.] "Portable computer" means a 17 computer and video display that can be carried by an individual. 18 Subd. 10. [PURCHASE.] "Purchase" means the taking, by 19 sale, of title or of the right to use. 20 Subd. 11. [RECYCLING. ] "Recycling 11 has the meaning given 21 in section 115A Subd. 12. [RETAILER.] "Retailer" means a person who owns 23 or operates a business that sells new covered electronic devices. 24 Subd. 13. [REUSE.] "Reuse" means an operation by which a 25 covered electronic device changes ownership to be used for the 26 same purpose for which it was originally put on the market 27 without additional processing or remanufacturing. 28 Subd. 14. [SELL OR SALE.] "Sell" or "sale" means any 29 transfer for consideration of title or of the right to use to a 30 consumer, by lease or sales contract, includinq, but not limited 31 to, transactions conducted through sales outlets, catalogs, or 32 the Internet, or any other similar electronic means, and 33 excluding wholesale transactions with distributors or dealers. 34 Subd. 15. [TELEVISION.] "Television" means a stand-alone 35 display system having a'viewable area greater than nine inches 36 when measured diagonally and able to adhere to any standard Section 2 3

37 02/24/05 [REVISOR ] CMR/JK consumer video formats such as PAL, SECAM, NTSC, AND HDTV and 2 has the capability of selecting different broadcast channels and 3 support sound capability. 4 Subd [VIDEO DISPLAY DEVICE.] "Video display device" 5 means a device with an output surface having a viewable area 6 greater than nine inches when measured diagonally that displays 7 moving graphical images or a visual representation of image 8 sequences or pictures, showing a.number of quickly changing g images on a screen in fast succession to create the illusion of 10 motion, including, if applicable, a device that is an integral 11 part of the display, and cannot be easily removed from the 12 display by the consumer, that produces the moving image on the 13 screen. Displays typically use a cathode ray tube, liquid 14 crystal display, gas plasma, digital light processing, or other 15 image projection technology. 16 Sec. 3. [116F.515] [FEE; EXPENDITURE OF PROCEEDS.] 17 (a) Beginning on September 1, 2005, a fee of $10 is imposed 18 upon every sale to a consumer in Minnesota of a new covered 19 electronic device as required by section 116F (b) A retailer that sells a new covered electronic device 21 must collect at the time of sale the fee imposed under paragraph 22 (a} for each new covered electronic device sold to a consumer in 23 the state. 24 (c) A retailer shall transmit all fees collected under this 25 section, minus three percent of total fee revenues which may be 26 retained by the retailer for administrative costs associated 27 with collecting the fee, to the corporation on or before the 28 last day of the month following each quarter, accompanied by any 29 forms prescribed by the corporation. If a covered electronic 30 device for which the fee has been paid is returned to a retailer 31 under warranty, the fee may be refunded, and the retailer may 32 deduct the amount of the returned fee from the remittance to the 33 corporation. 34 (d) Fees collected by the corporation must be used only for 35 the administrative cost of the corporation to perform its 36 responsibilities under section 116F.540; to fund collection, Section 3 4

38 02/24/05 [REVISOR CMR/JK transportation, and recycling of covered electronic devices; and 2 to promote the collection and recycling of covered electronic 3 devices and market.development. Fees may not be used to pay for 4 activities associated with refurbishment and reuse of covered 5 electronic devices, or for the collection, transportation, or 6 recycling of covered electronic devices that are refurbished and 7 reused. 8 (e) The fee imposed under this section must be clearly 9 identified separately on sales documents from the product price 10 and is not included in the price for purposes of sales taxes. 11 Sec. 4. [116F.520] [OFFICE RESPONSIBILITIES.] 12 (a) Beginning on July 1, 2007, the office shall report to 13 the legislature on a biennial basis regarding the progress on 14 the implementation of sections 116F.505 to 116F.595, including 15 recommendations for changes to sections 116F.505 to 116F that will ensure the most effective collection of electronic 17 product recycling fees and whether the cap on the fee imposed 18 under section 116F.515 should be adjusted. 19 (b) The report must include the following: 20 (1) a list of all parties participating in the system; 21 (2) current collection, transportation, and recycling costs 22 of covered electronic devices; 23 (3) projected sales of covered electronic devices; 24 (4) projected volume of returns of covered electronic 25 devices; 26 (5} actual collection rates during the previous 12-month 27 period plus a yearly growth projection; 28 (6) the total weight of covered electronic devices received 29 during the preceding year by product category, together with the 30 total weight of the products recycled in each product category; 31 and 32 (7) any surplus funds carried forward. 33 sec. 5. [116F.525] [PROHIBITIONS.] 34 (a) A person who is receiving reimbursement from the 35 corporation under sections 116F.505 to 116F.595 must not impose 36 a drop-off or other fee for the collection, transportation, and Section 5 5

39 02/24/05 [REVISOR CMR/JK recycling of covered electronic devices. Sections 116F.505 to 2 116F.595 do not apply to end-of-life fees in effect for products 3 not covered by those sections. 4 (b) Retailers and manufacturers of covered electronic 5 devices are prohibited from selling covered electronic devices 6 in Minnesota unless they have registered with the corporation 7 and they collect and remit the fees for covered electronic 8 devices required by section 116F Sec. 6. [116F-.530] [NOT-FOR-PROFIT CORPORATION.] 10 A corporation must be established by the off ice as a 11 nonprofit corporation organized under chapter 317A that 12 qualifies for tax exempt status under United States Code, title 13 26, section 50l(c)(3), to administer collected fee proceeds from 14 the retail sale of covered electronic devices. Retailers of 15 covered electronic devices to consumers in Minnesota are 16 considered to have consented to be members of the not-for-profit 17 corporation. The corporation shall submit a budget annually to 18 the office and spend no more than five percent of the total fees 19 collected under section 116F.515 for administrative expenses. 20 Sec. 7. [116F.540] [CORPORATION RESPONSIBILITIES AND 21 STRUCTURE.] 22 Subdivision 1. [RESPONSIBILITIES.] (a) The corporation 23 must be governed and operated by a multistakeholder board for 24 fulfilling the responsibility for management of a collection, 25 transportation, and recycling system for covered electronic 26 devices. 27 (b) The corporation must serve, to the extent feasible, all 28 consumers in the state. The corporation must also rely 29 primarily on existing collection and consolidation 30 infrastructure for handling covered electronic devices to the 31 extent this infrastructure is cost effective and meets the 32 environmentally sound management requirements of section F (c) The corporation must receive funds collected by the 35 retailers and administer the system for reimbursement of 36 collectors and recyclers. Section 7 6

40 02/24/05 [REVISOR ] CMR/JK (d) The corporation shall organize and coordinate public 2 outreach. The corporation shall utilize local and regional 3 authorities to reach local residents and determine appropriate 4 methods for education. 5 Subd. 2. [STRUCTURE.] (a) The corporation shall use the 6 funding for the sole purpose of carrying out the duties of 7 sections 116F.505 to 116F.595. In the event that expenses from 8 collection, transportation, and recycling activities exceed 9 revenues, the corporation may borrow up to ten percent of the 10 projected annual net fee funds from outside sources. Borrowed 11 funds must be repaid within two years. 12 (b) On April 1 of each year, the office shall report to the 13 legislature on the implementation of the system during the 14 previous year. The report must identify the total weight of 15 covered electronic devices received during the preceding year by 16 product category, together with the total weight of products 17 recycled in each product category. The report must also include 18 a list of all parties participating in the system. 19 (c) The corporation must have a board of directors 20 consisting of 11 members appointed by the director. The board 21 members shall be appointed for two-year terms, except that for 22 the initial term, three members shall be appointed to one-year 23 terms and four members shall be appointed to twb-year terms. 24 The director shall appoint a replacement if any vacancy occurs. 25 The board shall consist of representatives from: 26 (1) five manufacturers of covered electronic devices; 27 (2) two retailers of covered electronic devices; 28 (3) one environmental not-for-profit organization with 29 experience in the recycling of covered electronic devices; 30 (4) one for-profit organization with experience in the 31 recycling of covered electronic devices; and 32 (5) two government representatives, including one from 33 local government who shall be compensated pursuant to section , subdivision 3. )5 (d) The board shall hire a director who shall run the 36 day-to-day operations of the corporation and report to the board Section 7 7

41 02/24/05 [REVISOR ] CMR/JK at least once a year. 2 Subd. 3. [COORDINATING CONTRACTS.] The corporation shall 3 encourage collectors, transporters, and recyclers of covered 4 electronic devices to coordinate their efforts in order to 5 minimize costs. All contracts issued by the corporation for 6 recyclers must be competitively bid under a process created by 7 the corporation and may not prohibit or affect any contract, 8 franchise, permit, or other arrangement regarding the collection 9 or recycling of other solid or household hazardous waste. 10 Sec. 8. [116F.545] [ENVIRONMENTALLY SOUND MANAGEMENT 11 REQUIREMENTS.] 12 (a) Covered electronic devices collected must be recycled 13 or disposed of in a manner that is in compliance with all 14 applicable federal, state, and local laws, regulations, and 15 ordinances, and must not be exported for disposal in a manner 16 that poses a significant risk to the public health or the 17 environment. 18 (b) The corporation shall establish performance 19 requirements for recyclers eligible to receive funds from the 20 corporation. Recyclers shall, at a minimum, demonstrate 21 compliance with the United States Environmental Protection 22 Agency's Guidance on Environmentally Sound Management of 23 Electronic Products as issued and available on the office's Web 24 site in addition to any other requirements mandated by state law. 25 (c) The office shall keep on file and update a list of 26 recyclers approved to recycle covered electronic devices. A 27 copy of the list, including all changes to the list since the 28 previous year, must be sent to the corporation annually for use 29 in fulfilling its requirements under section 116F (d) The office is authorized to remove from the list any 31 recycler, who, as the result of an audit by the corporation or 32 the office, has failed to meet the criteria established under 33 paragraph (a) or who has been convicted of violating any 34 federal, state, or local law related to the collection, 35 transport, or processing of covered electronic products. 36 (e) The corporation and its board may not be held Section 8 8

42 02/24/05 [REVISOR CMR/JK ,. 1 financially liable for any violation of a federal, state, or 2 local law by a recycler appearing on the list created and 3 updated by the office. 4 Sec. 9. [116F.550] [LEVEL PLAYING FIELD PENALTIES.] 5 (a) Beginning September 1, 2005, a manufacturer may not 6 off er for sale in Minnesota a covered electronic device unless a 7 visible, permanent label clearly identifying the brand or 8 manufacturer of that device is affixed to it and, if the 9 manufacturer is also a retailer, the fee under section 116F is collected. 11 (b) By July 15, 2005, manufacturers of covered electronic 12 devices must notify retailers that the covered electronics 13 device is subject to the fee in section 116F (c) A violation of this section is subject to a civil 15 penalty in the amount of $1,000 per violation. 16 (d) The money collected and distributed shall be used to 17 offset enforcement expenses. 18 (e) Manufacturers and retailers, upon providing 60-day 19 notice to the attorney general and to a retailer who is not 20 collecting and remitting the fee in section 116F.515, or a 21 manufacturer who is not complying with this section, have the 22 right to sue that manufacturer or retailer for failure to 23 collect or remit the fee to the corporation. During the 60-day 24 notice period, if the attorney general initiates action against 25 the manufacturer or retailer, then the ability of the 26 manufacturer to sue is extinguished. The money collected by the 27 attorney general must be used to offset enforcement expenses. 28 Money in excess of the enforcement expenses shall be deposited 29 with the corporation. Manufacturers and retailers that 30 successfully challenge a noncompliant manufacturer or retailer 31 are entitled to receive their litigation costs as well as double 32 the penalties assessed under paragraph (c). 33 Sec. 10. [116F.560] [MARKET DEVELOPMENT.] 34 The corporation shall establish a market development 35 program to enhance existing and develop new end markets for 36 remanufactured products and recycled materials. No more than Section 10 9

43 02/24/05 [REVISOR ] CMR/JK one percent of corporation funds may be spent on this program. 2 Sec. 11. [116F.575] [MANUFACTURERS.] 3 (a) Beginning September 1, 2005, a manufacturer must: 4 (1) collect and remit the fee in section 116F.515 on all 5 sales in which the manufacturer acts as a retailer; 6 (2) make information available to consumers describing 7 where and how to return, recycle, and dispose of covered 8 electronic devices through the use of product operation manuals, 9 industry or manufacturer Web sites, product labels, packaging 10 inserts, or toll-free telephone numbers; and 11 (3) provide recyclers with information on the type and 12 location of hazardous substances in the covered products. 13 (b) Beginning January 1, 2007, a manufacturer must not 14 offer for sale in the state any product or electronic device 15 that is prohibited from being sold or offered for sale in the 16 European Union on or after its date of manufacture, to the 17 extent that Directive 2002/95/EC adopted by the European 18 Parliament on January 27, 2003, and as amended thereafter by the 19 Commission of European Communities, prohibits the sale due to 20 the presence of heavy metals. This prohibition does not include 21 any product that contains a substance that is used to comply 22 with consumer health or safety requirements that are required by 23 Underwriters Laboratories, the federal government, or the state. 24 (c} Beginning July 1, 2008, and annually thereafter, 25 manufacturers shall make available to the public upon request a 26 report that contains: 27 (1) the total estimated amounts of lead, mercury, 28 hexavalent chromium, cadmium, and polybrominated biphenyls 29 (PBBs) contained in products sold within the state in the 30 previous year; 31 (2) the total estimated amounts of recyclable materials 32 contained in covered electronic devices sold within the state in 33 the previous year, and increases the use of those materials over 34 previous years; and 35 (3) any efforts to design covered electronic devices for 36 recycling and goals or plans for further increasing design for Section 11 10

44 02/24/05 [REVISOR ] CMR/JK recycling. 2 (d) In lieu of an individual report, manufacturers may 3 submit the information in a collated report submitted via a 4 trade association provided that information about an individual 5 company can be made available to the office upon written request 6 by the office. The office may only make such a request for 7 auditing purposes and not more than once during a five-year 8 period. The off ice may not make public any confidential 9 business information claimed by the manufacturer in the report. 10 (e) A report submitted to another state or to the federal 11 government that contains the same information as required in 12 this section must be accepted by the off ice in lieu of a 13 separate report for the state. 14 Sec. 12. [116F.580] [REGULATORY AUTHORITY.] 15 The off ice may adopt rules for the purpose of administering 16 sections 116F.505 to 116F Sec. 13. [116F.590] [PROGRAM REVIEW.] 18 On or after January 1, 2014, the office shall convene a 19 stakeholder group to evaluate the program and make 20 recommendations to the legislature by January 1, 2015, as to 21 whether to: 22 ( 1) continue or modify the fee under section 116F.515; 23 ( 2) implement another financing alternative; or 24 ( 3) determine that no outside financing mechanism is 25 reg:uired to ensure that the system is financially solvent. 26 Sec. 14. [116F.595] [FEDERAL PREEMPTION.] 27 Upon notification by the off ice that a national program to 28 collect and recycle covered electronic devices is implemented, 29 sections 116F.505 to 116F.595, to the extent that they are 30 inconsistent with the national program, become inoperative. 31 Sec. 15. [EFFECTIVE DATE.] 32 Except as otherwise specified, sections 1 to 15 are 33 effective July 1,

45 Senate Counsel, Research, and Fiscal Analysis G-17 STATE CAPITOL 75 REV. DR. MARTIN LUTHER KING, JR. BLVD. ST. PAUL, MN (651) FAX: (651) JO ANNE ZOFF SELLNER DIRECTOR State of Minnesota S.F. No Electronic Waste Recycling Author: Senator Gary Kubly Prepared by: Carol E. Baker, Senate Counsel (651/ ) Date: March 21, 2005 Section 1 [Defmitions.] defines, among other terms, "cathode-ray tube" in subdivision 2; "electronic product" defined in subdivision 5; "electronic waste" defined in subdivision 6; "generator" defined in subdivision 8; ''hazardous electronic waste" in subdivision 9; "historic waste" in subdivision 10; "orphan waste" in subdivision 12; and "producer" in subdivision 14. Section 2 [ffistoric Electronic Waste.] requires each producer to be responsible for financing the management of electronic waste in accordance with this chapter. For products on the market before January 1, 2006, producer responsibility for historic and orphan waste must be determined by the return share of the producer during the current year. "Return share" means a percentage of all covered electronic products collected, calculated by return weight, differentiated by type of product. Each producer must have the return share represented by the brands itself among the types of products it manufactures. This section allows producers to impose a limited advanced collection fee for the purpose of paying for a collection program, until July 1, Producers have responsibility for collection, transport, and recycling of electronic wastes. When selling a new electronic product, producers may impose an advanced collection fee to the consumer for up to two years. This section allows a producer to fulfill its responsibility either individually qr by joining a representative organization of producers. Section 3 [Collection; Recycling Plan and Requirements.] requires by July 1, 2007, producers of electronic products sold in Minnesota to: 1. register with the Pollution Control Agency; 2. provide information to recyclers and processors regarding the end-of-life treatment of any new product within nine months of the product entering the market;

46 3. label each product, identifying hazardous materials; 4. provide information that the product must be kept out of landfills and incinerators, and other combustion processes; 5. provide a toll-free number or Web site address for consumers to obtain information about safe disposition of the electronic product; 6. certify that electronic products will not and do not enter landfills, incin~_rators, or other forms of combustion processes; ; 7. document and certify that the program has not resulted in the overseas export of electronic waste; 8. certify that the collection. rcycling, and reuse system operates in compliance with all local, state, and federal waste management rules; 9. accept electronic waste from households and generators at no charge; 10. submit a plan to the MPCA that describes their program in detail and certifies thafno prison labor is used unless that labor is compensated equivalent to market rate wages for the work performed and OSHA laws and regulations are followed; and 11. certifies that the producer is complying with this paragraph. The section also the MPCA to approve or disapprove the plan within 30 days of receiving it. The section requires producers of cathode ray tubes to comply with all provisions in this chapter. The MPCA may not approve any plan that includes: 1. a fee imposed at the time of sale, except for the limited purpose already established; 2. a fee when the discarded product is delivered by a household or generator to a collection point or is collected from a consumer; 3. a fee at the time of sale for funding producer recycling; or 4. a cost to be imposed on a local unit of government unless the cost is agreed to and the agreement is published n the agency's Web site and gives legal notice affected taxpayers. Section 4 [Reporting.] requires all information under section l l 4D. l 5, as well as agency decisions and orders, to be made available to the public in an easy-to-access manner, within three business days after the agency receives the information. 2

47 Section 5 [Enforcement.] allows the MPCA to enforce this chapter, under sections and Section 6 [Private Right of Enforcement.] allows a person to enforce this right as well as the provisions and requirements of this chapter against any party, government or private, through appropriate legal proceedings. Section 7 [Health and Safety Protections.] requires all persons collecting, recovering, and recycling electronic waste as part of the producer plan to protect the health and-:;safety of their workers and contractors by: 1. complying with all state and federal OSHA laws; 2. performing routine industrial hygiene monitoring and quarterly reporting for all facilities of all hazardous materials of concern; and 3. performing routine human health monitoring and quarterly reporting for all workers and contractors. Section 8 [Service.] requires producers selling electronic products in Minnesota t<? provide: 1. within two years of financial responsibility, three collection and recovery points per 10,000 persons population; and 2. within four years of financial responsibility, six collection and recovery points per 10,000 persons population. Section 9 [Hazardous Materials Phase-Out.] requires producers selling electronic equipment in Minnesota to phase~out the use oflead, mercury, cadmium, hexavalent chromium, brominated flame retardants, and polyvinyl chloride, and only offer for sale products that contain less harmful alternatives. The MPCA may issue a limited-term exemption if a producer demonstrates that it is technically impossible to use an alternative substance. Section 10 [Performance Goals; Protections for Human Health; Environment; Taxpayers.] requires producers of electronic equipment sold in this state to provide the MPCA a financial guarantee to ensure that no costs for program evaluation, enforcement, or management of orphan and historic waste is born by taxpayers. This guarantee may take the form of participation by the producer in a third-party organization for financing the management of electronic waste. This section also requires producers to ensure that their electronic waste recovery program is at least 75 percent of the producer's product sold in this state by July 1, 2007, and by January 1, 2010, recovery of at least 90 percent by number of their products sold in this state. The section requires the Commissioner of Administration to establish purchasing and procurement policies requirillg vendors of electronic equipment sold to the state to take back electronic waste. It requires the MPCA to 3

48 establish a multistakeholder oversight and advisory committee by January 1, 2007, and requires an annual report to be submitted to Legislature beginning in February Section 11 [Repealer.] repeals these sections if a national program managing electronic waste is established and implemented and complies with environmen~al and health laws without shifting fiscal burdens to state agencies or local units of government. Section 12 [Effective Date.] makes this bill effective January 1, CEB:rdr 4

49 03/03/05 [REVISOR ] CMR/SA Senator Kubly introduced-- S.F. No.1595: Referred to the Committee on Environment and Natural Resources. 1 A bill for an act 2 relating to the environment; providing for electronic 3 waste recycling; proposing coding for new law as 4 M~nnesota Statutes, chapter 114D. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 6 Section 1. [114D.05] [DEFINITIONS.] 7 Subdivision 1. [SCOPE.] For the purposes of this chapter, 8 the words in this section have the meanings given. 9 Subd. 2. [CATHODE RAY TUBE.] "Cathode ray tube" means a 10 vacuum tube or picture tube used to convert an electronic signal 11 into a visual image. 12 Subd. 3. [COLLECTION AND RECYCLING SYSTEM.] "Collection 13 and recycling system" means the system for the collection, 14 packaging, transportation, and recycling of products discarded 15 by consumers. 16 Subd. 4. [COMPUTER MONITOR.] "Computer monitor" means a 17 cathode ray tube or flat panel display primarily intended to 18 display information from a central processing unit, network, or 19 the internet. 20 Subd. 5. [ELECTRONIC PRODUCT. ] "Electronic product" 21 includes but is not limited to computer equipment such as 22 cathode ray tubes, display monitors, central processing units, 23 keyboards, printers, and peripherals; televisions, computer 24 monitors, liquid crystal displays or other flat panel 25 television, computer monitor, or similar video display products; Section l l

50 03/03/05 [REVISOR ] CMR/SA telecommunication equipment such as telephones, cellular phones, 2 facsimile machines, and answering machines; small electronic 3 devices and appliances containing one or more circuit boards or 4 other similar operating unit; video and stereo equipment; toys, 5 games, and educational devices containing one or more printed 6 circuit boards or similar operating unit; and major household 7 appliances containing one or more printed circuit board or 8 similar operating unit and all its components, constituent 9 subunits, and materials from which the subunits are made. 10 Subd. 6. [ELECTRONIC WASTE.] "Electronic waste" means an 11 electronic product that has been discarded, become obsolete, 12 ceased to function, is no longer wanted by its owner, or for any 13 other reason enters the collection, recovery, treatment, 14 processing, or recycling system. 15 Subd. 7. [ENVIRONMENT.] "Environment" includes but is not 16 limited to all the state's natural resources including land, 17 air, and water resources, and plant and animal species, and the 18 habitat upon which they depend. 19 Subd [GENERATOR.] Generator 11 means schools, 20 governmental units, businesses with six or fewer employees, and 21 nonprofit organizations, as defined by section 50l(c)(3) of the 22 Internal Revenue Code, with 30 or fewer employees. 21 Subd. 9. [HAZARDOUS ELECTRONIC WASTE.] "Hazardous 24 electronic waste 11 means electronic waste and its components, 2$ constituent subunits, or materials from which the subunits are 26 made, that contain concentrations of toxic materials exceeding 21 the regulatory levels established in Code of Federal 28 Regulations, title 40, section , as it exists on January 29 1, 2006, using the toxic characteristic leaching procedure. 30 Subd. 10. [HISTORIC WASTE.] "Historic waste" means a 31 covered electronic product that was put on the market prior to 32 July 1, Subd. 11. [HOUSEHOLD.] "Household" means a single detached 3.4 dwelling unit or a single unit of a multiple dwelling unit and 35 appurtenant structures. 36 Subd. 12. [ORPHAN WASTE.] "Orphan waste" means electronic Section 1 2

51 03/03/05 [REVISOR CMR/SA waste manufactured by or bearing the brand name of a company 2 that is no longer in business as of the January 1, 2006, 3 requirements of this act. 4 Subd. 13. [PLAN. ] "Plan" means the plan for 5 producer-financed collection, recovery, and recycling of 6 electronic waste as provided for in section 114D Subd. 14. [PRODUCER.] "Producer" means any person, a irrespective of the sales techniques or channels used to sell 9 products, including by means of distance communication, that: 10 (1) manufactures and sells electronic equipment under its 11 own brand; 12 (2) resells under its own brand equipment produced by other 13 suppliers, unless the brand of the actual manufacturer appears 14 on the equipment; 15 (3) imports electronic equipment for first sale in 16 Minnesota; or 17 (4) manufactures and sells electronic equipment without 18 affixing a brand. 19 Subd. 15. [PRODUCER-ABANDONED WASTE.] "Producer-abandoned 2!0 waste" means electronic waste for which the manufacturer or a 21 successor exists for which the state is unable to enforce this 2'2 chapter for any reason, including because electronic equipment 23 from the manufacturer or successor is no longer sold in 2:4 Minnesota. 25 Subd [PRO RATA SHARE.] Pro rata share" means a 26 percentage of all electronic waste delivered to intermediate 27 consolidation points excluding orphan waste and 28 producer-abandoned waste. Pro rata shares are calculated by 29 return weight and differentiated by type of product. Each 30 manufacturer shall have the pro rata share represented by the 31 brands it manufactures among the types of electronic products it 32 manufactures. 33 Subd. 17. [RECYCLING.] "Recycling" means the reprocessing 34 of electronic waste materials for the original purpose or for 35 other purposes, excluding energy recovery or energy generation 36 by means of combusting electronic waste with or without other Section 1 3

52 03/03/05 [REVISOR ] CMR/SA waste. 2 Subd. 18. [REUSE.] "Reuse" means an operation by which 3 electronic waste or components thereof are used for the same - 4 purpose for which they were conceived, including the continued 5 use of the equipment or components thereof which are returned to 6 collection points, recyclers, or producers. 7 Sec. 2. [ ] [HISTORIC ELECTRONIC WASTE.] 8 (a) Each producer is responsible for financing the 9 management of electronic waste in accordance with this chapter. 10 For all products put on the market prior to January 1, 2006, 11 producer responsibility for historic and orphan waste must be 12 determined annually by the return share of the producer during 13 the current year...return share" means a percentage of all 14 covered electronic products collected, calculated by return 15 weight differentiated by type of product. Each producer must 16 have the return share represented by the brands it sells among 17 the type of products it manufactures. The producer may choose 18 to fulfill this obligation either individually or collectively 19 where one or more third-party organizations may be established 20 by producers to collectively take back historic and orphan waste. 21 (b) A limited advance collection fee, for the sole purpose 22 of paying for a collection program implemented by any 23 governmental or nongovernmental entity that serves the 24 collection function, may be used until July 1, Producers 25 have full responsibility for collection, transport, and 26 recycling of electronic waste. Producers may use an advance 27 collection fee visible to the consumer, when selling a similar 28 new electronic product, for up to two years in an amount 29 sufficient to pay actual costs of collection and transport of 30 historic waste, but all collection and transport costs must be 31 internalized into the product pric~ after this period (c) A producer may fulfill its individual responsibility 33 under this subdivision either individually or by joining a 34 representative organization of producers. An organization of 35 producers must meet the same standards and requirements of the 36 plans submitted by individual producers. Section 2 4

53 03/03/05 [REVISOR ] CMR/SA Sec. 3. [114D.15] [COLLECTION; RECYCLING PLAN AND 2 REQUIREMENTS.] 3 (a) Beginning July 1, 2007, producers of electronic 4 products sold in Minnesota, including those products sold by 5 means of distance communication, but not including cathode ray 6 tubes, must: 7 (1) register with the Pollution Control Agency as described 8 in paragraph (f); 9 (2) no later than nine months after a product enters the 10 market, provide information to recyclers and processors 11 regarding the end-of-life treatment of the new product relating 12 to disassembly, material content, and safety concerns so as to 13 facilitate the correct and environmentally sound treatment of 14 electronic waste; 15 (3) label each product identifying hazardous materials 16 contained in the product and its parts or subunits; 17 (4) provide information clearly stating that the product 18 must be kept out of landfills and incinerators and other 19 combustion processes and be placed in the producer's recycling 20 or reuse program; 21 (5) provide a toll-free phone number or Web site address 22 where consumers can obtain information and instructions about 23 the safe disposition of the electronic product through the 24 producer's recycling or reuse plan; 25 (6) certify that electronic products, including whole units 26 of electronic waste as well as the constituent subunits or 27 materials from which the units are made, will not and do not 28 enter landfills, incinerators, cement kilns, or other forms of 29 energy recovery or energy generation dependent on combustion of 30 electronic waste; 31 (7) document and certify that the program has not resulted 32 in the overseas export of electronic waste to any 33 non-organization for Economic Cooperation and Development 34 country and complies with the Basel Ban Amendment decision 35 (Decision III/l) of the Basel Convention on the Control of 36 Transboundary Movement of Hazardous Waste and Their Disposal; Section 3 5

54 03/03/05 [REVISOR ] CMR/SA (8) certify that the collection, recycling, and reuse 2 system, and all necessary parties, operate in compliance with 3 local, state, and federal waste management rules and 4 regulations; 5 (9) accept electronic waste from households and generators 6 at no charge; 7 (10) submit a plan to the agency that: 8 ( i) describes the implementation and financin.g for the 9 collection, treatment, recovery, reuse, and disposition of all 10 the producer's products, including orphan and producer-abandoned 11 waste, sold in Minnesota; 12 (ii) describes the producer's method for reimbursing local 13 governments, nonprofit corporations, and retailers for the cost 14 of collection and recycling of the producer's covered electronic 15 products; 16 (iii) certifies that no prison labor is used unless those 17 involved are provided with compensation equivalent to market 18 rate wages for the work performed and are afforded the 19 protections of state occupational safety and health laws and 20 regulations, as well as those protections required by this. 21 chapter; 22 (iv) demonstrates that the producer has adequate measures 23 to provide information in accordance with clause (2); and 24 (v) describes the performance measures used and reported by 25 the producer to demonstrate that the plan is meeting the 26 required recovery and recycling rates for its own brand of 27 covered electronic products and describes alternative actions 28 that will be taken should performance measures not be met; and 29 (11) certify, by affidavit, that the producer is in 30 compliance with this paragraph. 31 (b) The agency must, within 30 days of receiving a plan, 32 approve or disapprove the plan. 33 {c) Each producer is responsible for collection, and reuse 34 or recycling each year, of its waste electronic products and its 35 pro rata share of orphan waste and producer-abandoned waste. 36 (d) A producer may fulfill its responsibilities under this Section 3 6

55 03/03/05 [REVISOR ] CMR/SA section through a representative third-party organization of 2 producers. An organization of producers must meet the same 3 standards and requirements of the plans submitted by individual 4 producers. 5 (e) Effective July 1, 2005, producers of cathode ray tubes 6 must comply with paragraphs (a) to (d) and all other provisions 7 in this chapter. 8 (f) Registration includes, but is not limited to, a listing 9 of all brand labels owned by the producer, its subsidiaries, or 10 any companies acquired by the producer. The commissioner of the 11 Pollution Control Agency may, at any time, revoke a registration 12 upon being presented with evidence that the producer is not in 13 compliance with the requirements of this chapter. After 14 revocation, a producer may not sell its product in the state. 15' (g) The Pollution Control Agency shall not approve any plan 16 that includes: 17 (1) a fee imposed at the time of sale of the product except 18 for the limited purpose established in section ; 19 (2) a fee at the time the discarded electronic product is 20 delivered by a household or generator to a collection point or 21 is collected from the consumer; 22 (3) a fee imposed at the time of sale for the purpose of 23 funding producer recycling; or 24 (4) a cost to be imposed on a local unit of government 2$ unless the cost is agreed to by the local unit of government and 26 the agreement is published on the agency's Web site and gives 27 legal notice to the affected taxpayers. 2$ Sec. 4. [ ] [REPORTING.] 2~ (a) All information required under section , as well 30 as agency decisions and orders, must be made available to the 31 public, in an easy-to-access manner and convenient format, via 32 the agency's Web site within three business days after receipt 33 of such information by the agency and agency decisions. 34 (b) A retailer is not responsible for an unlawful sale 35 pursuant to section if the certification relied upon by 36 the retailer in making the unlawful sale was incorrect, or if Section 4 7

56 03/03/05 [REVISOR ] CMR/SA the registration expired or was revoked and the retailer took 2 possession of the electronic product prior to the expiration or 3 revocation of the registration and the unlawful sale occurred 4 within 30 days after the expirati6n or revocation. 5 Sec. 5. [ ] [ENFORCEMENT.] 6 The Pollution Control Agency may enforce this chapter under 7 sections and Sec. 6. [ ] [PRIVATE RIGHT OF ENFORCEMENT.] 9 Each person may enforce this right, as well as enforce the 10 provisions and requirements of this chapter, against any party, 11 government or private, through appropriate legal proceedings, 12 including declaratory and equitable relief, civil penalties, and 13 restoration damages, to protect the public health and 14 environment of Minnesota from pollution, impairment, or 15 destruction resulting from electronic waste. The court may 16 award the full costs of litigation, including but not limited to 17 reasonable expert witness and attorney's fees, to the prevailing 18 plaintiffs. This provision supplements existing rights and 19 procedures provided by law. 20 Sec. 7. [ ] [HEALTH AND SAFETY PROTECTIONS.] 21 All persons collecting, recovering, and recycling 22 electronic waste as part of the producer plan in section 114D must protect the health and safety of their workers and 24 contractors by: 25 (1) providing clear evidence of compliance with all state 26 and federal occupational safety and health laws and regulations; 27 (2) performing routine industrial hygiene monitoring and 2$ quarterly reporting for all facilities for all hazardous 2~ materials of concern, including but not limited to monitoring 30 for airborne lead and bromine, chlorine, and mercury compounds; 31 and 32 (3) performing routine human health monitoring and 33 quarterly reporting, in accordance with all applicable privacy 34 protections, for all workers and contractors, including but not 35 limited to blood testing for exposure to lead and bromine, 36 chlorine, and mercury compounds. Section 7 8

57 03/03/05 [REVISOR CMR/SA Sec. 8. [ ] [SERVICE.] 2 (a) Producers selling electronic products in Minnesota, 3 under an approved plan described in section , must 4 provide: 5 (1) within 24 months of financial responsibility, three 6 collection and recovery points per 10,000 persons population; 7 and 8 (2) within 50 months of financial responsibility, six 9 collection and recovery points per 10,000 persons population; 10 {b) Producers must include direct collection, but 11 generators and households may be responsible for delivering 12 electronic waste into the collection system, as contained in the 13 producer s plan. 14 Sec. 9. [ ] [HAZARDOUS MATERIALS PHASEOUT.] 15 (a) No later than January 1, 2007, producers selling 16 electronic equipment in Minnesota must phase out the use of 17 lead, mercury, cadmium, hexavalent chromium, brominated flame 18 retardants, and polyvinyl chloride and only offer for sale 19 products that contain less harmful alternatives. 2m (b) If a producer provides sufficient demonstration to the 21 department that it is technically impossible to use an 22 alternative substance, a limited-term exemption may be issued by 23 the agency. An exemption must be rescinded by the agency when 24 the agency determines that a less harmful alternative for the 25 substance can be used. 26 (c) If the exemption is granted by the agency, the agency 27 may a.ssign a limited amount of time before the exemption expires 28 to ensure that producers are investing in research and 29 development to identify an appropriate less harmful alternative. 30 Sec. 10. [ ] [PERFORMANCE GOALS; PROTECTIONS FOR 31 HUMAN HEALTH; ENVIRONMENT; TAXPAYERS.] 32 (a) By January 1, 2007, or upon approval of the producer's 3.3 plan, whichever is sooner, producers of electronic equipment 34 sold in this state shall provide to the agency a financial 35 guarantee to ensure that no costs for program evaluation, 36 enforcement, or for the management of orphan and historic waste Section 10 9

58 03/03/05 [REVISOR CMR/SA l is borne by taxpayers. The guarantee may take the form of 2 participation by the producer in a third-party organization for 3 financing the management of waste electrical and electronic 4 equipment, a recycling insurance, or a blocked bank account. 5 (b) Producers must manage their take-back programs so as to 6 ensure that by July 1, 2007, electronic waste recovery is equal 7 to or exceeds 75 percent by number of the producer's products 8 sold in this state and 65 percent or greater reuse or recycling 9 of the components and materials contained in their products; and 10 by January l, 2010, recovery equal to or greater than 90 percent 11 by number of their products sold in this state and 95 percent or 12 greater reuse or recycling of the components and materials 13 contained in their products. 14 (c) By January l, 2007, the commissioner of administration 15 shall establish purchasing and procurement policies requiring 16 vendors of electronic equipment sold to the state to take back 17 electronic waste when the equipment becomes obsolete, is 18 discarded, or is otherwise taken out of service. The policies 19 must also establish a preference for electronic equipment that 20 meets specified environmental performance standards relating to 21 the reduction or elimination of hazardous materials. 22 (d) The Pollution Control Agency must establish a 23 multistakeholder Oversight and Advisory Committee by January l, , for the purpose of overseeing producer program plan 25 implementation, reviewing producer pla~ annual reports, and 26 identifying and recommending additional products to be included 27 as electronic waste. An annual report consistent with this 28 section must be submitted to the legislature commencing in 29 February Sec. 11. [REPEALER.] 31 Sections l to 10 are repealed 90 days after the director 32 publishes a notice in the State Register that a national program 33 for collecting, transporting, and reusing or recycling 34 electronic waste is established and implemented and is 35 determined to be functioning in a manner that complies with 36 environmental and health laws without shifting fiscal burdens to Section 11 10

59 03/03/05 - [REVISOR ] CMR/SA state agencies or local units of government. 2 Sec. 12. [EFFECTIVE DATE.] 3 Sections 1 to 11 are effective January 1,

60 ot{:c...e.. of E1\Jv'i11cYi i'tl-cvtft.t.l As,s-~c...e.. (oe:a) 2005 State Recycling Legislation Vermont.. p. All products Massachusetts CANADA New Jersey. r.. all electronics Maryland ARF on CRT products, cell phones; land ~ (~~of 3/1 o/05) ARF Bill ARF passed 2003; effective 2005 Landfill ban proposed D Retailer takeback Producer Responsibility Study group underway "lassed in 2004 CRT landfill ban Recommendation from Study group due 7/0 5; CRT landfill ban South Carolina ARF to be proposed on TVs and monitors

61 Minn mp rn s II ctin ctronics or Recycling K r Basher I c (I) Companies on this map accept or collect various electronic items for recycling. A fee may be charged for this service. Beck r Iron & Metal nc (I) Data Source: Recycling Markets Directory, Minnesota Office of Environmental Assistance Minnesota Office of Environmental Assistance July 13, 2004

62 Advanced t{ecycling Fee (ARF) System Some products sold direct to customers Sells product to retailer Notify retailers as to which products carry ARF Electronics Stewardship Association cesa> Appoints board of ESA Reports on progress Enforcement Retailer Notify Electronic Stewardship Association (ESA) Sells product to customer and collects ARF at point of sale Submits ARF to ESA Retains 3 % for administration Implements and oversees program Pays incentive to collection agents Requires environmentally sound management standards Contracts with recyclers for services Processes I recycles materials Recyclers bill ESA At end of products' useful lives, customer takes used items to collection agent Collection agents (may be retailers, charities, waste haulers, recycling facilities, governments) send collected products to recycler

63 Manufacturer Responsibility Register to sell products in Minnesota Sell products to retailer Recycle pro rata share Members of Electronics Management Association Pay for transport and recycling from points of consolidation Approves minimum of 15 consolidation points Accepts manufacturer registrations, posts on website Accepts information on pounds recycled or reused Assesses, evaluates, and reports on program May facilitate transportation and recycling from consolidation points Retailer Checks website to ensure products are from certified manufacturer Sells product to consumer Manufacturers or their agents collect pro rata share of video display devices Process, recycle materials Report on quantities collected, reused, resold, or recycled At end of products' useful lives, customer takes used items to consolidation point Consolidation Points May operate in private or public sector

64 anufact-.1er es onsibility fo.. Video isplay Ill ev1e~s Minnesota Office of Environmental Assistance Registers to sell products in Minnesota Sells products to retailer Recycles pro rata share Accepts manufacturer registrations, posts on website Accepts information on pounds recycled reused Assesses, evaluates, and reports on progra Retailer Checks website to ensure products are from certified manufacturer Sells product to consumer Manufacturers or their agents collect pro rata share of video display devices Processes/recycles materials Reports number of units and pounds collected, reused, resold, or recycled At end of a product's useful life, household takes used item to consolidation point or local government collects and delivers. May operate in private or public sector 15 consolidation points are related statewide by joint powers board -1 Households]

65 -Electron a~_ Recycling Bills Before the Mi&:h._:;.ota Legislature: As of March 1 ~, ioos lltlq,u$~ ~l.lltl)~)r"~.:~t.;~;~;~ \~:.,>,~).I Rep. Hackbarth (Cox, Nomes, Scalze, Kelliher, Cornish, McNamara,HortJ:nan); Rep. Cox (Ozment, Kelliher, Hoppe, Hausman, Dill, Howes, McNamara) Rep. Nomes (Hausman, Poppe, Mariani, HortJ:nan) Sen. Higgins (NIA) Manufacturers will organize transportation and recycling of CRTs after they are collected in truckload quantities. Sell only CRTs that are registered and labeled w/manufacturer. All retailers must certify they will only sell registered CRTs. Manufacturers must register with the state about their recycling plans. They must pick up any truckload of CRTs. Manufacturers will be encouraged to work,<,;/,<'':l/,,p,:../?.' ;/'i) '..!" <... < ''''''" together but there is no required structure. Sen. Higgins (Marty, Sams, Frederickson) No Manufacturers will transport & recycle truckload quantities of video display devices from point of consolidation. Joint Powers Board will seek applications from at least 15 consolidation points, including ten from Greater MN. Points could include counfy facilities as well as recyclers, transfer stations, etc. Certify with State that retailer has checked website to assure products for sale are from registered manufacturers. Sell only products with permanently affixed label of manufacturer. Manufacturers must register with the state about their recycling plans.~.must collect their pro-rata share ~f VDDs from consolidation points, including pro rata share of orphan and abandoned waste. Manufacturers may provide their own program if approved. Manufacturers must pick up truckload quantities. Manufacturers must certify compliance with reuse and recycling requirements. Sen. Scheid (Senjem, Hottinger) Yes. $10 on monitors, televisions and laptops. Per-pound reimbursement for collection Non-profit corporation contracts for recycling services. Retailers collect the ARF on new product sales, keep three percent of the fee (30 cents), and remit to a nonprofit corporation that would administer the recycling program. Manufacturers cannot sell in MN or online unless they register with the corporation and collect and remit the fee if they sell products in MN. Manufacturers must inform retailers which products are subject to the fee. Manufacturers must make information available regarding reuse and recycling options. Manufacturers can enforce 'level play field' Five representatives of manufacturers will be appointed to the board of directors for the nonprofit corporation. Sen. Kubly Yes. Limited fee for collection only through Manufacturers must create three collection and recovery points for every 10,000 people within two years and six points per 10,000 within 50 months. Retailers cannot sell non-certified products. Register their products with the state, label products, certify recycling program and submit implementation and financing plan to state. Take back their products by themselves or through a third party organization. Each responsible for historic and pro rata orphan share. Each manufacturer compliance plan must show proof of financial responsibility. j I

66 Televisions and monitors with CRTs None_ specified; annual report on registrations on progress. Must comply with applicable federal, state and local requirements Administer registration and certification program; assess up to $500 registration fee. Rulemaking; enforcement; State purchasing requirements. Must administer HHW program and coordinate with CRT recycling. Reporting requirements. Video display devices (CRTs, flat panel screens, plasma, etc.) greater than 8" diagonal Yes. Per capita reuse.or recycling goals for planning_ purposes; reports required on progress Recycling must be done in accordance with all applicable federal, state and local laws, regulations and ordinances and not exported in ; manner that poses a significant risk to public health or environment. Maintain and revoke registrations. Charge registration fee. Publish and maintain list of registered and certified manufacturers. Annual reports; enforcement. Joint Powers Board to establish consolidation points, reporting requirements, coordination of pick ups, etc. Desktop or personal computer, computer monitor, portable computer, desktop printer, television, or other video display device greater than 9" diagonal None specified; annual reports by manufacturers and OEA on progress. Yes. Products sold must be in compliance with RoHS. Must comply with USEPA's ESM guidelines; bans exports if they threaten public health or environment. Administer registration program; annual reporting; rulemaking authority; enforcement authority. Monitors, CPU t?, keyboards, printers, peripherals; TVs, phones, fax & answering machines, plus small electronic devices, video & stereo equipment, toys, games, educational devices & major household appliances w/ circuit board Recover 75% of products by 2007 Yes. Product sold must be in compliance with RoHS by 2007 with further restrictions on PVC. Recycling workers must have their blood tested quarterly. No exports to non-oecd countries. No prison labor unless paid the same. Agency administers registration program; reviews and approves implementation plans; Sources: -Recycling Association of Minnesota, Minnesota Office of Environmental Assistance; SWMCB